A TEACHER assaulted by an unruly pupil with a history of violence will receive her £250,000 compensation after a council lost its Appeal Court fight against the damages.

Sharon Millward, of Newcombe Drive, Little Hulton, was awarded the compensation payout at London's High Court in February this year.

But Oxfordshire County Council, which the judge ruled was mostly to blame for her injuries, appealed against the decision.

It lost that fight on Thursday, allowing the 51-year-old to keep her compensation.

Mrs Millward had sued Oxfordshire County Council after being attacked by a teenage boy in 2000, at Thornbury House Secure Unit in Kidlington. Although her physical injuries were not permanent, she suffered moderate to severe post traumatic stress disorder and is unlikely to ever return to work.

The judge at the earlier hearing ruled that the council was 75 per cent responsible for what happened. He said Mrs Millward was 25 per cent responsible because she had demanded the boy -- named only as "S" -- "shut up" shortly before the assault, ruling the comment was "wrongly confrontational and risky".

Lord Justice Jonathan Parker, sitting with Mr Justice Newman, said there was no "arguable case" in suggesting that the judge had made "an error of law."

He added: "The judge has correctly assessed the situation. He has assessed the evidence, expressed conclusions clearly and they are conclusions which it is not arguable for this court to interfere with."

Mr Norman had argued that evidence about the boy's violent past and his disrespect of women were "simply not available" to the council at the time of the incident.

Mrs Millward suffered bruising to her arms and groin in the attack, during which tiles were thrown at her and she was kicked.